Prop 57 Creates Changes in Felony Sentencing

On November 8, 2016, California voters enacted Prop 57 – a measure that has significant effects on many felons who are already sentenced. The measure is a response to the overcrowding of California prisons. In fact, in 2011, a federal court ordered California to reduce its prison population by 137.5% or face mandatory release of many prisoners. Governor Jerry Brown backed Prop 57 – also known as the “Public Safety and Rehabilitation Act of 2016,” which came as no surprise. Governor Brown is known for his views on criminal justice reform. However, law enforcement agencies loudly opposed this new law.

The purpose of Prop 57 is to reduce California’s prison population by allowing nonviolent felons to be released on parole earlier than before Prop 57. However, those who oppose Prop 57 argue that the measure’s definition of “nonviolent crimes” is inaccurate. Prop 57 lists the following Penal Code violations as “non violent:”

Assault with a deadly weapon
Battery with serious bodily injury
Solicitation to commit murder
Domestic violence
Inflicting corporal injury on a child
First-degree burglary
Rape/sodomy/oral copulation of an unconscious person or by use of date rape drugs
Human trafficking involving a minor
Hate crimes
Arson of forest land causing physical injury
Assault with a deadly weapon on a peace officer
Active participation in a street gang
Exploding destructive device with the intent to cause injury

How Does Prop 57 Work?

When adults are sentenced, they are placed in prison under either an indeterminate or a determinate sentence. Under indeterminate sentencing, the defendant is sent to prison under a minimum term, but no specific maximum. For example, the common phrase “25 to life” would be an indeterminate sentence, because the defendant will serve at least 25 years, but there is no maximum. Under determinate sentencing, the defendant receives a fixed prison term, complete with a specific release date. Determinate sentencing is more common than indeterminate sentencing.

Defendants who are convicted of more than one crime will have a primary offense, and then receive additional time for lesser offenses (if convicted at the same time). California also allows a judge to impose sentence enhancements for various reasons, including the use of a firearm.
For those who are sentenced to an indeterminate sentence, the parole board may consider releasing the inmate once he or she has served her minimum sentence. Those who are given a determinate sentence do not get parole hearings for consideration of early release. Now that Prop 57 is enacted, those who fall within the non-violent conviction category may be eligible for parole. In fact, many are eligible for parole after serving half of their minimum sentence.  The interesting thing about Prop 57 is that eligibility may be decided solely upon the base term, notwithstanding sentence enhancements.

Prop 57 also gives significant discretion to the California Department of Corrections and Rehabilitation (CDCR). Under the new law, the CDCR may award credits that may reduce their sentence. Proponents of Prop 57 argued that this will encourage good behavior amongst prison inmates. Although more than 66% of inmates are eligible to receive sentence-reducing credits, those who are convicted of a violent offense are capped at a 15% reduction.

If someone you love is serving a prison sentence, and you believe they are eligible for relief under Prop 57, it is imperative to contact an experienced criminal defense attorney. Filing motions under Prop 57 will undoubtedly help to shape and interpret this new law. A good criminal defense attorney will help to shape this interpretation in favor of future petitioners – allowing non-violent offenders to serve a more appropriate and proportioned sentence.